IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ALBUQUERQUE DIVISION

______________________________________

UNITED STATES OF AMERICA,

Plaintiff,

v.
Civil Action No.

UNIVERSITY OF NEW MEXICO,

Defendant.

______________________________________

COMPLAINT

Plaintiff, United States of America, alleges:

1. This action is brought on behalf of the United States to enforce the provisions of Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, etseq. ("Title VII").

2. This Court has jurisdiction over the action under 42 U.S.C. § 2000e-5(f) and 28 U.S.C.
§ 1345.

3. Defendant University of New Mexico ("UNM") is a corporate, governmental body and a
political subdivision of the State of New Mexico, established pursuant to the laws of the State of
New Mexico. The Health Sciences Center is a component of UNM.

4. Defendant UNM is a person within the meaning of 42 U.S.C. § 2000e(a), and an employer
within the meaning of 42 U.S.C. § 2000e(b).

5. Defendant UNM, through its Health Sciences Center, has discriminated against Sandra
Martinez and Mary Swisher, who were employed as Mental Health Technicians at UNM Health
Sciences Center's Childrens' Psychiatric Hospital, on the basis of their sex, female, and
pregnancy, in violation of § 703(a) of Title VII of the Civil Rights Act of 1964, as amended, 42
U.S.C. § 2000e-2(a), among other ways, by:

(b) failing or refusing to take appropriate action to remedy the effects of the
discriminatory treatment of Ms. Martinez and Ms. Swisher.

6. The Equal Employment Opportunity Commission ("EEOC") received timely charges filed
by Ms. Martinez (Charge No. 390A00820) and Ms. Swisher (Charge No. 390A00832) in which
each alleged that she had been discriminated against in employment because of her sex, female,
and pregnancy by UNM. Pursuant to §706 of Title VII of the Civil Rights Act of 1964, as
amended, 42 U.S.C. § 2000e-5, the EEOC investigated the charges, found reasonable cause to
believe that the allegations of sex discrimination in employment were true, attempted
unsuccessfully to achieve through conciliation a voluntary resolution of the matters, and
subsequently referred the charges to the United States Department of Justice.

All conditions precedent to the filing of suit have been performed or have occurred.

7. Defendant UNM, through its Health Sciences Center, has discriminated against Jenifer
Brito, who was employed as a Mental Health Technician at UNM Health Sciences Center's
Childrens' Psychiatric Hospital, on the basis of her sex, female, and pregnancy, in violation of

§ 703(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2(a), among
other ways, by:

(a) denying her a modified-duty position during her pregnancy, while permitting
similarly-situated, non-pregnant employees to obtain modified-duty positions;

(b) terminating Ms. Brito's employment after she notified her supervisors that she was
pregnant; and

(c) failing or refusing to take appropriate action to remedy the effects of the
discriminatory treatment of Ms. Brito.

8. The EEOC received a timely charge filed by Ms. Brito (Charge No. 390A10897) in which
she alleged that she had been discriminated against in employment because of her sex, female, and
pregnancy by UNM. Pursuant to §706 of Title VII of the Civil Rights Act of 1964, as amended, 42
U.S.C. § 2000e-5, the EEOC investigated the charge, found reasonable cause to believe that the
allegations of sex discrimination in employment were true, attempted unsuccessfully to achieve
through conciliation a voluntary resolution of the matter, and subsequently referred the charge to
the United States Department of Justice.

All conditions precedent to the filing of suit have been performed or have occurred.

9. WHEREFORE, plaintiff United States prays that this Court grant the following relief:

(a) Enjoin defendant UNM from failing and refusing to:

(1) provide sufficient remedial relief, including back pay with interest, to
charging parties, Sandra Martinez, Mary Swisher and Jenifer Brito, to make each of them whole
for the loss she has suffered as a result of the discrimination against her as alleged in this
Complaint; and

(2) take other appropriate nondiscriminatory measures to overcome the effects
of the discrimination; and

(b) Order defendant UNM to provide sufficient compensatory damages to charging
parties, Sandra Martinez, Mary Swisher and Jenifer Brito, to fully compensate each of them for the
pain and suffering caused by defendant UNM's discriminatory conduct, pursuant to and within the
statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.C.

§ 1981a.

Plaintiff United States prays for such additional relief as justice may require, together with
its costs and disbursements in this action.

JURY DEMAND

The United States hereby demands a trial by jury of all issues so triable pursuant to Rule
38 of the Federal Rules of Civil Procedure and Section 102 of the Civil Rights Act of 1991,
42 U.S.C. § 1981a.